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- Title
You Said You Were Going to Do What to My Loan? The Inequitable Doctrine of Recharacterization.
- Authors
Goehausen, Hilary A.
- Abstract
The article discusses the utilization of debt-to-equity recharacterization in corporate bankruptcy proceedings. It explores the background of recharacterization as a distinct legal theory and equitable remedy in bankruptcy proceedings. It analyzes whether bankruptcy courts' equitable powers under the Bankruptcy Code covers the authority to convert debt as equity. It discusses the impact of recharacterization and the consequences of allowing bankruptcy courts to reclassify a debt transaction as an equity contribution.
- Subjects
DEBT equity conversion; BANKRUPTCY; COMMERCIAL law; DEBT management; DEBT
- Publication
DePaul Business & Commercial Law Journal, 2005, Vol 4, Issue 1, p117
- ISSN
1542-2763
- Publication type
Article